Judicial panel for SC judges’ posting mooted

He said there was need for a fresh look at the process of appointment of judges and such powers be vested in a judicial commission.

The Bill which seeks to amend the Articles 124 and 217 etc was introduced in the House by senior Congress member V N Gadgil on December 18, 1998.

Sibal said the Supreme Court through its judgement of 1993 sought that the powers of appointment to higher judiciary should vest in the judges of the Supreme Court.

This will dislodge the balance of power, he said.

He said the judicial commission of which he talks should be an advisory body, to advise the executive on the appointment of judges of the Supreme Court, and to the higher judiciary.

Sibal said the proposed national judicial commission should consist of the Prime Minister, leader of the opposition, Law Minister, Chief Justice, Lok Sabha speaker and some other prominent personalities connected with the legal profession.

Onkar Singh Lakhawat (BJP) regretted that the judiciary, instead of doing its own duty, was also now performing the job of the executive. People, he said, had started losing faith in the judiciary.

Ish Dutt Yadav (SP) supported the demand for the constitution of a national judicial commission. He also demanded reservation for weaker sections in the judiciary.

R Margbandhu of the AIADMK stressed the need for accountability of the judiciary to the people and supported the view that a national judicial commission should be set up which could have a say in the matter of appointment of judges to the Supreme Court. He pleaded for a proper representation of weaker sections of people in the judiciary which he charged was not looking after their interests.

Margbandhu said the Parliament and the law ministry had become powerless and ineffective in the matter of appointment of judges and asked who had given power to the Supreme Court to appoint judges. He wanted an unanimous resolution to be passed by a two-thirds majority in Parliament to provide for a national judicial commission to make appointment of judges.

Vayalar Ravi of the Congress said the Supreme Court has usurped the powers of the executive to appoint judges of the Supreme Court and pleaded this power should be vested with the executive as nowhere in the world are such powers vested with the Supreme Court except in India.

Ravi said a national judicial commission when set up can take into consideration the social and regional factors and can appoint competent persons as judges regardless of the fact whether the judge happens to be an SC/ST or not.